In this three-part series, we’re exploring the various options for staffing an appeal. In part one, we touched on the pros and cons of continuing to have trial counsel handle the appeal. In part two, we addressed the upsides and downsides to having dedicated appellate counsel. In this part three, we discuss a happy medium that plays off the best of both worlds in the right situation.

In this three-part series, we’re exploring the various options for staffing an appeal. In part one, we touched on the pros and cons of continuing to have trial counsel handle the appeal. Another option for an appeal is simply to hand the case over to appellate counsel. Here are some of the pros and cons of that choice.

In this three-part series, we’ll explore some of the pros and cons of handling the appeal yourself as trial counsel, handing the case over to appellate counsel, and whether there is any better solution.

At the Colorado Court of Appeals, any party can ask for the chance to present their case before the court at oral argument. But should you? While ultimately the decision whether oral argument is granted is up to the court, the initial decision of whether to ask in the first place brings up an even bigger topic. Does oral argument really ever makes a difference in the case?

Waiving an argument on appeal is usually a bad thing. Here are seven things NOT to do if you want to set your case up for success on appeal. We’ve also included some practice tips to help avoid these pitfalls in future cases.

Recovered memory therapy continues to be a controversial topic, with experts debating about whether it is valid. As a legal matter, this controversy has slowly spilled over into an increased risk of liability for the therapist who chooses to use the technique. More and more states are holding that parents of children who recover memories of sexual abuse can sue the child’s therapist because the therapist has helped to create false allegations against them. Michigan is the latest jurisdiction to affirm the right of a child’s parent to sue the child’s therapist.

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

The Colorado Supreme Court has been hard at work, handing down multiple changes to the Colorado Appellate Rules. Some changes were significant. Others were minor. The most notable change to the Colorado Appellate Rules was to Rule 3.4: Appeals from Proceedings in Dependency or Neglect. For cases filed after July 1, 2016, appeals from these proceedings will get a major overhaul. Here are some of the significant changes in the rules.

The Colorado Supreme Court clarifies that the Twombly/Iqbal pleading standard applies in Colorado. This post analyzes the case, Warne v. Hall, 2016 CO 50, and how the bar for surviving a motion to dismiss has risen.

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

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